IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4156 of 2006()
1. RAJU, AGED 39 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.SANTOSH KUMAR (PERUNAD)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/07/2006
O R D E R
R. BASANT, J.
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B.A.No. 4156 of 2006
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Dated this the 11th day of July, 2006
O R D E R
Application for regular bail. The petitioner was allegedly
found to be in possession of 62 litres of arrack on 22.5.2006. He
was arrested and he continues in custody from that date, his
application for bail having been dismissed by the learned Magistrate.
He has come to this Court without and before moving the Court of
Sessions with a prayer to invoke the concurrent jurisdiction of this
Court under Section 439 Cr.P.C.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not seriously oppose the said prayer on
condition that sufficient time is given to the Investigators to complete
the investigation and I am satisfied that the petitioner can now be
enlarged on bail subject to appropriate terms and conditions.
3. In the result:
1) This application is allowed.
B.A.No. 4156 of 2006 2
2) The petitioner shall be released on bail on the following terms and
conditions.
(a) He shall not be released from custody on the strength of this
order prior to 17.7.2006. The Investigators shall in the meantime make
every endeavour to complete the investigation.
(b) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the like sum to be satisfaction of
the learned Magistrate.
(c) He shall make himself available for interrogation before the
Investigating Officer between 10 a.m. and 12 noon on all Mondays and
Fridays until the final report is filed.
(R. BASANT)
Judge
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